R. v. Black

R. v. Black

General deterrence and denunciation required incarceration in this large-scale commercial fraud; given the misrepresentations to multiple victims and amount involved a custodial sentence of two years on Count 1 is warranted and Counts 2 and 3 are to be concurrent, producing an effective sentence of two years.

Citation
2003 NSSC 99
Parties
Crown: Her Majesty the Queen; Defendant: Frederick William Logan Black
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 April 2003
Procedural Posture
Criminal Fraud / Sentencing
Outcome
Accused convicted and sentenced to two years imprisonment effective on Count 1; Counts 2 and 3 to be served concurrently with Count 1 for an effective total sentence of two years.
Legal Topics
Fraud S.380(1)(a) Criminal Code, Conditional Sentence (s.742.1), General Deterrence, Denunciation, Totality and Concurrency
Source Language
English
Criminal Law Sentencing Commercial Fraud Fraud S.380(1)(a) Criminal Code Conditional Sentence (s.742.1) General Deterrence Denunciation Totality and Concurrency

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Parties

Her Majesty the Queen

Crown

Frederick William Logan Black

Defendant

Procedural Posture

Criminal Fraud / Sentencing

Legal Issues

  1. 1 Appropriate sentence for large-scale commercial fraud involving misrepresentations to multiple victims
  2. 2 Whether a conditional sentence is available and appropriate under s.742.1 for this offence
  3. 3 Application of sentencing objectives in ss.718-718.2 (denunciation, deterrence, proportionality)

Ratio Decidendi

General deterrence and denunciation required incarceration in this large-scale commercial fraud; given the misrepresentations to multiple victims and amount involved a custodial sentence of two years on Count 1 is warranted and Counts 2 and 3 are to be concurrent, producing an effective sentence of two years.

Court Disposition

Accused convicted and sentenced to two years imprisonment effective on Count 1; Counts 2 and 3 to be served concurrently with Count 1 for an effective total sentence of two years.

Orders

  • Count 1: two years imprisonment to be served in a federal institution
  • Counts 2 and 3: two years imprisonment each, to be served concurrently with Count 1